SAE Institute Pty Ltd Trading AS SAE University College

[2025] FWCA 1178

[2025] FWCA 1178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SAE Institute Pty Ltd Trading AS SAE University College

(AG2025/760)

SAE INSTITUTE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER P RYAN	SYDNEY, 7 APRIL 2025

Application for approval of the SAE Institute Enterprise Agreement 2025

1. SAE Institute Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SAE Institute Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Secure Jobs Better Pay Transitional Arrangements

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023.

1. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. In this matter, the notification time for the Agreement was before 6 June 2023. The Agreement was made after 6 June 2023.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the responses to issues identified.

Section 183 Bargaining Representative

1. The National Tertiary Education Industry Union (NTEU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the NTEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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Annexure A